Item #05 Approval of First Amendment to Contract with Retail Strategies, LLC for Retail Marketing and Planning for the Economic Development and Master Planning Program 0C()e('
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AGENDA ITEM COVER SHEET
Meeting Date: April 3, 2018
Item #
Pii4 Reviewed By:
Contact Name: Mike Rumer, City Planner Department Director: i ,
Contact Number: 407-905-3157 City Manager:
Subject: Economic Development and Master Planning Program — Authorization to proceed
with 1st amendment to contract with Retail Strategies, LLC for retail marketing and planning
BACKGROUND SUMMARY:
Retail Strategies has provided marketing and planning strategies to attract retail and restaurant users in the
City for the past three years. Retail Strategies, LLC is a company that specializes in working inside the retail
industry to leverage relationships and promotes efforts of the City. Retail Strategies has helped the City with
client meetings and first introductions at the ICSC Conferences in Las Vegas and Orlando. Retail Strategies
also presented a session during the past National League of Cities/Small Cities Council meeting in Ocoee.
The contract for services with Retail Strategies was approved for three (3) years with an option for a fourth
(4) year at the same rate. City Staff wishes to continue working with Retail Strategies to help implement the
economic development projects that are coming online such as the Downtown, SR 429, Colony Plaza site,
and City Center West Orange. Retail Strategies provides us the direct link to the decision makers that will
be called on as buildings begin to go up and more demand is created.
ISSUE:
Should the Honorable Mayor and City Commissioners approve the Mayor to sign the 1st Amendment to the
Professional Services Agreement with Retail Strategies?
RECOMMENDATION:
Staff recommends that the Honorable Mayor and City Commissioners authorize the Mayor to sign the First
Amendment to the Professional Service Agreement for a fourth year of service.
ATTACHMENTS:
First Amendment to Professional Services Agreement with Retail Strategies
FINANCIAL IMPACT:
Funds were set aside in the budget for General Government.
TYPE OF ITEM:
U Public Hearing For Clerk's Dept Use:
❑ Ordinance First Reading ig Consent Agenda
❑ Ordinance First Reading [ ] Public Hearing
❑ Resolution 0 Regular Agenda
® Commission Approval
❑ Discussion&Direction
[ ] Original Document/Contract Attached for Execution by City Clerk
0 Original Document/Contract Held by Department for Execution
Reviewed by City Attorney ❑ N/A
Reviewed by Finance Dept. ❑ N/A
Reviewed by ( ) El N/A
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
TO PROVIDE CONSULTING SERVICES
This First Amendment to Professional Services Agreement to Provide Consulting Services
("First Amendment") is made and entered into this the day of , 2018 by
and between the City of Ocoee, FL (the "Client") and Retail Strategies, LLC, an Alabama limited
liability company (the "Consultant"). The Client and Consultant shall collectively be referred to
as the"Parties", and each may individually be referred to as a"Party".
RECITALS
WHEREAS, on February 17, 2015 the Parties entered into an agreement (the "Original
Agreement") whereby the Consultant agreed to provide professional consulting services to the
Client consisting of research, in-market real estate analysis, and retail recruitment; and,
WHEREAS, Section 17 of the Original Agreement allows for amendments and
modifications to the Agreement in writing and properly executed by a duly authorized officer of
the Consultant and the Client; and
WHEREAS, the Client and Consultant now desire to amend the Original Agreement to
extend the term and adjust the compensation amount as provided herein.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties do here by agree as follows:
1. Section 2 of the Original Agreement, entitled "TIME OF PREFORMANCE" shall be
revised to extend the term from March 1, 2018 to October 1, 2018.
2. Section 3 of the Original Agreement, entitled"COMPENSATION" shall be revised to
include the following: Consultant shall be entitled to receive payment in the amount of
$17,500.00 for services provided during the extended term beginning March 1, 2018
and ending October 1, 2018.
3. Section 6 of the Original Agreement, entitled Materials/Confidentiality, shall be
amended to read as follows:
The City of Ocoee (City) is a public agency subject to Chapter 119, Florida Statutes.
The Consultant agrees to comply with Florida's Public Records Law. Specifically,the
Consultant shall:
1. Keep and maintain public records required by the City to perform the service.
2. Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in chapter 119, Florida
Statutes, or as otherwise provided by law.
3.Ensure that public records that are exempt or confidential and exempt from the public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Consultant
does not transfer the records to the City.
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4. Upon completion of the contract, Consultant agrees to transfer at no cost to the City
all public records in possession of the Consultant or keep and maintain public records
required by the City to perform the service. If the Consultant transfers all public record
to the City upon completion of the contract, the Consultant shall destroy any duplicate
public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Consultant keeps and maintains public records upon
completion of the contract, the Consultant shall meet all applicable requirements for
retaining public records.All records stored electronically must be provided to the City,
upon request from the City's custodian of public records, in a format that is compatible
with the information technology systems of the City.
5.A Consultant who fails to provide the public records to City within a reasonable time
may be subject to penalties under section 119.10, Florida Statutes.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 407-905-3100,EXTENSION 1022,
CCDL@ci.ocoee.fl.us, WITH AN OFFICE LOCATED AT 150 NORTH
LAKESHORE DRIVE, OCOEE, FLORIDA 34761.
All other terms and conditions that are not hereby amended are to remain in full force and effect.
IN WITNESS WHEREOF,the Client and the Consultant have caused this First Amendment to
be executed by their duly authorized officers to be effective as of the day and year first written
above.
CONSULTANT:
RETAIL STRATEGIES, LLC
By:
Name:
Title:
Date:
2
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CLIENT:
CITY OF OCOEE,
a Florida municipal corporation
By: RUSTY JOHNSON
Mayor
Attest:
Melanie Sibbitt, City Clerk
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this_day of , 2018.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
City Attorney
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 2018 UNDER
AGENDA ITEM NO.
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